Energy Law

12th Law of Shale Plays Conference

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Live Online Conference

Past Event

MCLE Credit will be available

Registrar: +1.972.244.3403
IEL: +1.972.244.3421
Fax: +1.972.244.3401
E-Mail: iel@cailaw.org

Overview

Presented by the Institute for Energy Law and the Energy & Mineral Law Foundation, the 12th Law of Shale Plays Conference is focused on legal issues related to the shale plays in the United States. The conference brings together clients, attorneys, professional landmen, and other professionals to learn and discuss important cases, concepts, and trends.  In addition, the conference features multiple networking opportunities with other attendees.

Conference Co-Chairs

Travis L. Brannon
K&L Gates LLP
Pittsburgh, Pennsylvania

Leslie Miller-Stover
EQT Corporation
Pittsburgh, Pennsylvania

Tuition

  • $125 - Regular Registration Fee
  • $75 - IEL Advisory Board Member
  • $75 - IEL Supporting or Sustaining Member Employee
  • $75 - IEL Young Energy Professional Member
  • $75 - EMLF Member
  • $75 - Government Employee
  • $25 - Full-time Law Professor
  • $25 - Law Student

Schedule and Faculty

Wednesday, September 15

9:25 – 9:30 a.m. (EDT)


Welcome, Overview and Introductions

9:30 – 10:00 a.m. (EDT)


Energy Issues at the U.S. Supreme Court

Looking to catch up on the latest at the high court? Wondering what “the Nine” have said recently about the Clean Water Act, takings, CERCLA, and other issues of interest to those practicing in the energy space? Elbert Lin, co-chair of the Issues & Appeals practice at Hunton Andrews Kurth and a former law clerk to Justice Clarence Thomas, will cover recent highlights relevant to energy practitioners in a brisk 30 minutes, including insights into emergency stay applications on the so-called shadow docket and some prognostication about the future.

  • Elbert Lin, Hunton Andrews Kurth, Richmond, Virginia

10:00 – 10:05 a.m. (EDT)


BREAK

10:05 – 11:05 a.m. (EDT)


How ESG is Influencing Day-to-Day Operations in Energy Sector Companies

This session will touch on the state of voluntary and mandatory ESG disclosure reporting, ESG issues in energy sector litigation, and how ESG issues are otherwise influencing merger and acquisition activity and employment issues in the energy sector.

  • F. Reid Avett, Womble Bond Dickinson, Washington, D.C.
  • Lisa Rushton, Womble Bond Dickinson, Raleigh, North Carolina
  • Lisë Stewart, EisnerAmper, Iselin, New Jersey

11:05 – 11:10 a.m. (EDT)


BREAK

11:10 – 12:10 a.m. (EDT)


In-House Counsel Panel

This panel of senior industry lawyers will address the concerns of general counsel in operating and developing shale plays and getting products to market.

Moderator: Jennifer J. Hicks, Babst, Calland, Clements and Zomnir, P.C., Charleston, West Virginia

Panelists:

  • Stefanie Burt, Assistant General Counsel – Litigation, EQT Corporation, Pittsburgh, Pennsylvania
  • Cole Delancey, Assistant General Counsel, Cabot Oil & Gas Corporation, Pittsburgh, Pennsylvania
  • Christopher Rimkus, Assistant General Counsel, MPLX LP, Denver, Colorado

12:10 – 12:30 p.m. (EDT)


BREAK

12:30 – 1:15 p.m. (EDT)


Social

1:15 – 2:15 p.m. (EDT)


Too Hot to Handle: What Lawyers Should Do with Documents and Things Somebody Will Think They Shouldn’t Have

Inadvertently produced documents, mis-sent email, stolen documents, wiretapped phone calls, and misdirected faxes. What’s a lawyer to do?

At some point, many lawyers find themselves in possession of documents or information they shouldn’t have. Or that someone is likely to say they shouldn’t have. Will someone later say the documents are privileged, or work product, or trade secrets, or stolen?

Join us and hear a roadmap out of the morass – five questions to ask and four rules of the road that will help guide you and avoid trouble.

  • Lucian T. Pera, Adams and Reese LLP, Memphis, Tennessee

2:15 – 2:20 p.m. (EDT)


BREAK

2:20 – 2:50 p.m. (EDT)


Enforcement Rising: Considerations for Companies Facing Increased Scrutiny from State Attorneys General

State Attorneys General have ramped up enforcement in the areas of worker rights and environmental compliance. After announcing charges against several companies for violations of Pennsylvania’s Solid Waste Management Act and Clean Streams Law, PA’s Attorney General promised, “we’re not done yet. There will be more to come. You can rest assured that there will be more criminal charges.” The PA Office of Attorney General has also attempted to expand the reach of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by charging two companies with engaging in unfair or deceptive practices in connection with securing surface mineral leases. A number of construction companies have also been charged with violating Pennsylvania’s Prevailing Wage Act and the federal Davis-Bacon Act for underpaying workers on prevailing wage projects.

In this environment of enhanced enforcement activity and possible criminal liability, companies must know what aspects of their business may be subject to scrutiny and how to respond if targeted by the State Attorney General.

  • Travis N. Gery, K&L Gates LLP, Harrisburg, Pennsylvania

2:50 – 2:55 p.m. (EDT)


BREAK

2:55 – 3:25 p.m. (EDT)


Round-up of Recent Royalty Decisions

Royalty litigation abounds in the Marcellus and Utica. In this session, we will take a quick look at some of the recent decisions in this area and see if there are any trends that can be garnered.

  • Jeremy Mercer, Porter Wright Morris & Arthur LLP, Pittsburgh, Pennsylvania

3:25 – 3:30 p.m. (EDT)


BREAK

3:30 – 4:00 p.m. (EDT)


Midstream Litigation Update: Recent Litigation Affecting the Midstream Sector

This presentation will address recent lawsuits and opinions involving the midstream sector, including pipelines and midstream facilities. The overview will address the U.S. Supreme Court’s long-awaited opinion in PennEast Pipeline v. New Jersey involving a pipeline company’s right to exercise Federal imminent domain authority to condemn property owned by States. In addition, the presentation will address bankruptcy-related rulings involving midstream assets.

  • Gregory J. Krock, McGuireWoods, Pittsburgh, Pennsylvania

Thursday, September 16

9:30 – 10:30 a.m. (EDT)


Updates on CCUS from the Commercial and Governmental Angles

This session will contain describe (i) governmental efforts in the Marcellus region (as well as other regions who are partnering with Marcellus states) to promote carbon capture, utilization and sequestration as well as certain regulatory impediments being solved and (ii) the commercial terms beginning to develop in CCUS transactions in various parts of the country.

  • Kristin M. Carter, P.G., C.P.G., Assistant State Geologist, Pennsylvania Geological Survey, Pittsburgh, Pennsylvania
  • Patrick K. Johnson, Bracewell LLP, Houston, Texas

10:30 a.m. - 10:35 a.m.


BREAK

10:35 – 11:05 a.m. (EDT)


A Greener Shale Patch

Is there room for the oil and gas industry in the Net-Zero movement? Yes, according to the growing number of companies lowering or eliminating carbon emissions from their own operations. Across the country, developers and midstream companies are investing in renewable self-generated power and clean tech to reduce their carbon intensity and meet their ESG goals. This presentation will discuss the current landscape, the major projects nationwide, and what is on the horizon for Appalachia.

  • Kara H. Herrnstein, Bricker & Eckler LLP, Columbus, Ohio
  • Freddy Sanches, Technical Manager, Enbridge Inc., Houston, Texas

11:05 - 11:10 a.m.


BREAK

11:10 – 11:55 a.m. (EDT)


Continuing Changes for the Industry: An Appalachia Regulatory and Legislative Update

This session will focus on recent regulatory and legislative proposals, enactments and enforcements efforts affecting the energy industry.

  • Joseph Ward, Frost Brown Todd LLC, Charleston, West Virginia
  • Amanda Finn, Director – Government Relations, Ascent Resources, LLC, Columbus, Ohio

11:55 – 1:00 p.m. (EDT)


BREAK

1:00 – 1:45 p.m. (EDT)


FERC Landowner Update

Gas pipelines are increasingly facing landowner, environmental and other challenges when attempting to develop infrastructure. The appellate courts and the Supreme Court have opined on FERC’s certificate policy, NEPA, eminent domain and section 7(h) of the Natural Gas Act. FERC plays a critical role in evaluating and granting interstate natural gas certificates, but its decisions have faced increased scrutiny and recently an appellate court reversed and vacated one of FERC’s certificate orders. Come hear about recent cases, the challenges facing FERC and how its newly formed Office of Public Participation may impact the nation’s energy future.

  • Monique Watson, Steptoe & Johnson LLP, Washington, D.C.
  • Nils Nichols, Former FERC Official and Landowner, Washington, D.C.

1:45 – 1:50 p.m. (EDT)


BREAK

1:50 – 2:35 p.m. (EDT)


Cybersecurity in the Energy Industry: How Prepared Is Your Business for the Impact of Ransomware?

The Colonial Pipeline incident in May 2021 underscored the susceptibility of the energy industry’s critical infrastructure to debilitating ransomware attacks and hacking attempts. The event highlighted the need for energy companies to continually evaluate cybersecurity measures. It also caused the government to implement additional compliance obligations for the industry. This presentation will discuss the steps businesses should take to prepare for the possibility of ransomware/hacking, best practices for thwarting these attempts, and required compliance measures. The presentation also will address vital cyber insurance and incident response considerations, which energy companies need to evaluate fully when assessing cybersecurity preparedness.

  • Shawn A. Morgan, Steptoe & Johnson PLLC, Bridgeport, West Virginia
  • Monté Williams, Steptoe & Johnson PLLC, Morgantown, West Virginia

2:35 – 2:40 p.m. (EDT)


BREAK

2:40 – 3:25 p.m. (EDT)


What Every Litigator Needs to Know About Bankruptcy

Bankruptcy is a part of life in every sector, and in certain cycles it can be quite prevalent in the oil and gas industry. But what does a litigator need to know to protect his client’s interests when a party in a litigation – or the litigator’s own client – files for bankruptcy protection? This session will explain some of the basics of the bankruptcy process and how they can overlap with ongoing litigations to provide a general base of knowledge for litigators.

  • Lucas Liben, Reed Smith LLP, Pittsburgh, Pennsylvania
  • Luke A. Sizemore, Reed Smith LLP, Pittsburgh, Pennsylvania

3:25 p.m.


Adjourn

CE Credits

MCLE Credit

IEL as registrar for the conference will directly apply for course accreditation in the following states: CA, KS, LA, KY, NM, OH, OK, PA, TN, TX, VA and WV. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. IEL conferences are typically accredited by all mandatory CLE states.

The program is approved by the State Bar of Texas for 9.5 hours, including 1 hour of ethics. Course ID Number: 174130007. Approved credit hours will vary by jurisdiction and are subject to each jurisdiction’s approval and credit rounding rules.

AAPL Credit

AAPL Credit will be available.

Sponsorship Opportunities

Premier Conference Sponsor (limited to 7) - $4,000

  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to thousands.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • Complimentary conference registration for sponsor’s employees (limited to 100) and up to 10 registrations for non-employees.

Gold Sponsor - $2,500 each

  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to several thousand interested counsel.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 10 complimentary registrants at the Conference.

Silver Sponsor - $1,250 each

  • Recognition in all marketing communications, which will be emailed to several thousand interested counsel.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 5 complimentary registrants at the Conference.

For more information about sponsorship opportunities, please contact Licia Maria Hogarth, Sponsorship Coordinator, at 972.244.3424.

Other Information

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Visa Information

If you require a letter of invitation to obtain a visa for this conference, payment of the registration fee must first be made.  If you apply and do not receive a visa, please send us a copy of the rejection letter from the consulate, and we will cancel your registration and issue a refund. Please email iel@cailaw.org for more details.

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The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

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We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Energy Law (IEL) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

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